Property owners have a duty to keep their premises safe for visitors. When they fail to do so, accidents like slips, trips, and falls can lead to serious injuries. If you were hurt because of unsafe conditions on someone else's property, you may have the right to seek compensation for your medical bills, lost wages, and other damages.
A Decatur premises liability lawyer can help you understand your legal options and build a strong case. Holding negligent property owners accountable can be challenging, but legal guidance can make all the difference. Call Marks Law Group at (678) 251-9309 today to schedule a free consultation. We will discuss your case with you and advise you on your best options moving forward.
Understanding Georgia’s Premises Liability Law
Premises liability law in Georgia holds property owners responsible for maintaining safe conditions on their property. If a visitor is injured due to unsafe conditions, the property owner may be liable for damages.
Premises liability applies to various types of properties, including:
- Private properties – Homes, apartments, and other residential properties
- Commercial properties – Businesses, restaurants, retail stores, and office buildings
- Public spaces – Parks, sidewalks, and government-owned buildings
A property owner may be responsible for injuries if:
- They knew or should have known about a hazardous condition but failed to fix it.
- The dangerous condition directly caused the injury.
- The injured person was lawfully on the property (such as a customer or invited guest).
Common hazards include slippery floors, broken stairs, poor lighting, and inadequate security. However, liability depends on the circumstances, including the visitor’s legal status on the property.
Common Causes of Premises Liability Claims
Property owners in Georgia must keep their premises safe. When they fail to do so, visitors can suffer serious injuries. Some of the most common causes of premises liability claims include:
Slip and Fall Accidents
Slippery floors, uneven sidewalks, loose carpeting, and poor lighting can lead to dangerous falls. Spills in grocery stores, wet entryways in businesses, or damaged flooring in apartment complexes can create hazardous conditions. Property owners may be liable if they fail to correct or warn about these risks in a reasonable time. Injuries from slip and falls can range from minor bruises to broken bones and head trauma.
Inadequate Security
Negligent security can put visitors at risk of assaults, robberies, or other violent crimes. Owners of apartment complexes, hotels, parking garages, or businesses may be responsible if they fail to provide proper lighting, security cameras, or trained personnel in high-risk areas. If an attack occurs due to preventable security failures, the property owner could be held liable for failing to protect guests or tenants.
Dog Bites and Animal Attacks
A property owner or pet owner may be held liable if their dog or other animal injures someone. Georgia law requires that the owner knew or should have known the animal was dangerous, such as if it had a history of aggression. Even if a dog has never bitten before, the owner could still be responsible if they failed to keep it properly restrained. Dog bites can cause serious injuries, including infections, nerve damage, and emotional trauma, especially for children.
Unsafe Staircases, Elevators, or Escalators
Broken handrails, poorly maintained staircases, or faulty elevators and escalators can cause severe injuries. A loose railing, uneven steps, or malfunctioning machinery can lead to serious falls or crushing injuries. Property owners must conduct regular inspections and repairs to ensure these structures are safe. If an accident occurs due to neglect, they may be responsible for medical bills, lost wages, and other damages.
Swimming Pool Accidents
Drownings and other pool-related injuries can happen when a property owner fails to secure or maintain a pool area. This includes missing fencing, broken pool ladders, inadequate lifeguard supervision, or dangerous pool drains. Children are especially at risk, which is why Georgia law requires proper safety measures, such as locked gates around pools. A property owner could be liable if their negligence contributed to an injury or drowning.
Exposure to Hazardous Conditions
Toxic chemicals, mold, gas leaks, or structural hazards can cause serious health problems for visitors or tenants. Prolonged exposure to black mold, for example, can lead to respiratory issues, while gas leaks pose an immediate risk of poisoning or explosions. Property owners must take reasonable steps to identify and fix these dangers. Failing to do so could make them liable for resulting illnesses or injuries.
Hotel Negligence
Hotels must provide a safe environment for guests. When they fail to do so, accidents and injuries can occur. Common examples of hotel negligence include:
- Slip and falls due to wet floors, loose carpets, or poor lighting in hallways and lobbies.
- Inadequate security that leads to theft, assault, or other crimes in guest rooms or parking lots.
- Unsafe conditions such as broken locks, malfunctioning smoke detectors, or bed bug infestations.
- Negligent pool maintenance causing slips, falls, or even drowning incidents.
If a hotel fails to address known hazards, they may be liable for injuries suffered by guests. Victims may be able to seek compensation for medical expenses, lost wages, and pain and suffering.
Who Can Be Held Liable for an Injury on Someone Else’s Property?
In Georgia, property owners and those responsible for maintaining a property may be held liable if someone is injured due to unsafe conditions. Liability depends on the circumstances of the accident and who was responsible for maintaining the premises.
Business Owners and Retail Establishments
Stores, restaurants, and other businesses have a duty to keep their premises safe for customers. If a business fails to clean up spills, repair hazards, or provide adequate security, they could be responsible for injuries. Common claims against businesses include slip and fall accidents, falling merchandise, and inadequate lighting in parking lots.
Landlords and Property Management Companies
Landlords and property managers must ensure that rental properties are safe for tenants and visitors. This includes maintaining stairways, fixing broken handrails, ensuring proper lighting, and addressing security concerns. If a landlord ignores complaints about dangerous conditions, they may be liable for injuries that occur due to their negligence.
Homeowners and Private Property Owners
Homeowners also have a responsibility to keep their property safe for guests. This includes fixing broken steps, securing pets, and warning visitors of potential dangers. If someone is injured due to an obvious hazard that the homeowner failed to address, they could be held responsible. However, liability may be limited if the injured person was trespassing or acting recklessly.
Government Entities Responsible for Public Spaces
Local, state, and federal government agencies must maintain safe public spaces such as parks, sidewalks, and government buildings. If a person is injured due to poorly maintained sidewalks, defective playground equipment, or hazardous road conditions, the government entity responsible may be liable. However, filing a claim against a government agency involves strict notice requirements and deadlines, making legal guidance especially important in these cases.
What Compensation Can You Recover in a Premises Liability Claim?
If you were injured due to unsafe conditions on someone else’s property, you may be able to recover compensation for your losses. The amount depends on the severity of your injuries and how they impact your life.
- Medical Expenses for Treatment and Rehabilitation: Premises liability claims often cover hospital bills, surgeries, doctor visits, medications, and physical therapy. If you require long-term care or rehabilitation, those costs may also be included in your claim.
- Lost Wages and Reduced Earning Capacity: If your injuries prevent you from working, you may be entitled to compensation for lost wages. If your ability to work is permanently affected, you could also recover damages for reduced earning capacity, which accounts for the future income you would have earned.
- Pain and Suffering Damages: Injuries can cause more than just financial losses. Pain and suffering in an injury claim covers things like physical pain, emotional distress, anxiety, or loss of enjoyment of life resulting from the accident. These damages vary based on the severity of your condition and how it affects your daily life.
- Permanent Disability or Disfigurement Compensation: If an injury results in permanent disability, scarring, or disfigurement, you may be entitled to additional compensation. This includes cases where victims suffer amputations, paralysis, or severe burns that impact their quality of life and ability to work.
- Wrongful Death Damages for Families of Victims: If a loved one dies due to a property owner’s negligence, surviving family members may pursue wrongful death damages. This can include funeral expenses, lost financial support, and compensation for the emotional impact of losing a family member.
Steps to Take After a Premises Liability Injury
Taking the right steps after an injury on someone else’s property can help protect your health and your legal claim.
- Seek Medical Attention Immediately: Your health should be the top priority. Even if your injuries seem minor, seek medical care right away. Some injuries, like concussions or internal damage, may not be immediately obvious but can worsen over time. A medical record also serves as important evidence for your claim.
- Report the Incident to the Property Owner or Manager: Notify the property owner, store manager, landlord, or another responsible party about the accident as soon as possible. Ask for a written report if available, and make sure to keep a copy for your records.
- Document the Scene With Photos and Witness Statements: If possible, take pictures or videos of the area where the injury occurred, including hazards like wet floors, broken stairs, or poor lighting. If anyone witnessed the accident, get their names and contact information in case their statements are needed later.
- Avoid Making Statements to Insurance Companies Without Legal Advice: Insurance companies may try to downplay your injuries or shift the blame onto you. Be cautious about what you say, and avoid giving recorded statements without discussing a claim with an injury lawyer. Anything you say could be used to reduce or deny your claim.
- Contact a Premises Liability Attorney to Evaluate Your Case: A Decatur personal injury lawyer can review the details of your case, gather evidence, and negotiate with insurance companies on your behalf. If the property owner is responsible for your injuries, an attorney can help you pursue the compensation you deserve.
How a Decatur Premises Liability Lawyer Can Help
Premises liability cases can be complex, especially when property owners or insurance companies try to deny responsibility. A lawyer can help build a strong case and fight for the compensation you deserve.
- Investigating the Accident and Identifying Liable Parties: A lawyer will examine the details of your case to determine who is responsible for your injuries. This may include business owners, landlords, private property owners, or even government entities. Identifying the right liable party is crucial for pursuing a successful claim.
- Gathering Evidence Such as Surveillance Footage and Maintenance Records: To prove negligence in a premises liability claim, a lawyer can collect security footage, accident reports, maintenance records, and witness statements. This evidence can help show whether the property owner failed to fix or warn about dangerous conditions before the accident occurred.
- Negotiating With Insurance Companies for Fair Compensation: Insurance companies often try to minimize payouts or shift blame onto the victim. A lawyer can handle all communication with insurers, present strong evidence, and push for a fair settlement that covers medical bills, lost wages, pain and suffering, and other damages.
- Representing You in Court if a Settlement Isn’t Reached: If the insurance company refuses to offer a reasonable settlement, a lawyer can file a lawsuit and take the case to trial. Having legal representation ensures that your rights are protected and that you have the best chance of securing full compensation for your injuries.
How Long Do I Have to File a Premises Liability Claim in Georgia?
In Georgia, the statute of limitations for injury claims is generally two years from the date of the injury. This means you must file a premises liability lawsuit within two years, or you may lose your right to seek compensation.
Some circumstances can alter the standard two-year deadline:
- Claims Against Government Entities – If your injury occurred on government property, you may have a much shorter time to file a notice of claim, sometimes within six months to a year, depending on the agency involved.
- Injuries to Minors – If the injured person is under 18 years old, the statute of limitations may be paused until they reach adulthood.
- Delayed Discovery of Injuries – In rare cases where injuries are not immediately apparent, the deadline may begin when the injury is discovered.
Even if you have time to file, waiting too long can hurt your case. Evidence can disappear, witnesses may forget details, and property owners may fix hazards before they are documented. Speaking with a lawyer as soon as possible can help protect your claim and ensure all legal deadlines are met.
Can You File a Premises Liability Claim if Your Child Was Injured?
Parents or legal guardians can file a premises liability claim on behalf of a child who was injured due to unsafe conditions on someone else’s property. Property owners have a responsibility to keep their premises safe for all visitors, including children.
Special considerations for child premises liability claims include:
- Attractive Nuisance Doctrine – Property owners may be liable for injuries to children if they have a hazardous condition that is likely to attract children, such as a swimming pool, trampoline, or abandoned structure, even if the child was trespassing.
- Parental Filing Rights – A parent or guardian can file a claim to recover medical expenses and other financial losses related to the child’s injury.
- Extended Time Limits – While the standard statute of limitations for premises liability cases in Georgia is two years, minors may have additional time to file a claim. However, claims for medical expenses incurred by the parents must still be filed within the standard deadline.
Recoverable Damages for a Child’s Injury
Parents may seek compensation for:
- Medical bills and future medical care
- Pain and suffering experienced by the child
- Long-term disabilities or permanent injuries
Because child injury claims can involve unique legal challenges, speaking with a premises liability lawyer can help ensure the claim is handled properly.
Get Help Holding Negligent Property Owners Accountable
Recovering from an injury caused by unsafe property conditions can be overwhelming, especially when dealing with medical expenses and lost income. However, you don’t have to face this process alone. Pursuing a premises liability claim can help you secure the compensation you need to move forward.
If you were injured due to a property owner's negligence, speaking with a Decatur premises liability lawyer can be a crucial step. An attorney can assess your case, gather evidence, and advocate for your rights. Reach out today to explore your legal options.